OCR Text |
Show CO~SSIOI?ER OF I-NDIAN AFFAIBS. 103 whether in money or other property, and if so what; also whether any money or other thing of value has already been received; and whether the allotment or any prt of it has been leased, and the terms of the lease, if lessed. The Indian agent then investigates the matter, and is required to report whether in his opinion the allottee has sufficient knowledge of English to conduct business in that language with full understanding of the details; the extent of the allottee's education and his intelligence, "the latter as compared with a white man similarly situated in life;" the business experience of the applicant, especially as to agriculture and stock raising, and whether he has supported himself and his family, if he has a family, well or poorly; whether the applicant has improved the allotment, and the extent of such improvements (giving a description of the land included in the allotment and indicating the homestead); the nature and amount of personal property owned by the applicant; what money he has handled and whether he used it judiciously; and why it 'will be to the advantage of the applicant allottee to have the restrictions against alienation removed. If the applicant is well known to the Indian agent as aman of estab-lished experience in business affairs, he may so report without going into the details required by the regulations. Unless the Indian agent is able of his own knowledge to furnish the information required of him by the regulations, he personally or through an employee to be designated for the purpose causes such investigation to be made as will enable him to make complete report. Tinder these regulations but one application has been passed upon, that of James Brooks Wright, a citizen of the Choctaw Nation. His application was approved and the restrictions were removed. April 23 the Department asked the opin.ion of the Assistant Attorney- General on the above provision relative to the removal of restrictions on the alienation of lands allotted to members of the Five Civilized Tribes as follows: I desire yonr opinion upon eaid provisions in the Indian appropriation act, and espeoially wish to be ad* whether they operate as a repeal of the limitations con-tained in the aets relative to the alienation of ladds by the Seminoles, Choctaws, Chickasaws, and Cherokees. I desire to be farther advised whether under the first named provision of the Indian appropriation act the Secretary of the Interior has any authority to author-ize thesale of any land belonging to minors, members of either of the Five Civilized Tribes; also whether ~ d e sraid second proviso leases heretofore duly made under said sets confirming agmemente with said nations, by members of the Seminole, Choctaw, and Chickasaw nations, are legal and binding without the approval of the United 8tztes Indian agent at the Union Agency and the Secretary of the Interior under rules and regulations to be prescribed under said provision of the I n d h appropriation 'kt. Many mineral leaaes have been made under the regofatiom issued May 4,1903, and amendments thereto, with members of the Cherokee Nation, and have been held awaiting action upon the Indian appropriation ad validating |